Society Elections and Committee Roles

If a resolution for election rules is not passed, what default rules apply?

If a resolution for election rules is not passed, default rules under the Gujarat Cooperative Societies Act, 1961 will apply.

If a resolution for election rules is not passed, default rules under the Gujarat Cooperative Societies Act, 1961 will apply.

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Short Answer

If a resolution for election rules is not passed, default rules under the Gujarat Cooperative Societies Act, 1961 will apply.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 states that if a cooperative society fails to make necessary rules for the election of its committee, the State Government may make rules for the election of the committee. This means that in the absence of specific election rules passed by the society, the default rules set by the State Government will govern the election process.

In practice, this provision ensures that even if a cooperative society fails to establish its own election rules, there is a fallback mechanism in place to ensure that the election process is conducted in a fair and transparent manner. The default rules set by the State Government serve as a guideline for conducting elections until the society formulates its own rules.

For example, if a cooperative society neglects to pass election rules before the scheduled election date, the State Government's default rules will automatically come into effect. These default rules would outline procedures for nomination, voting, counting, and declaration of election results, ensuring that the election process is conducted smoothly.

Another scenario could be if there is a dispute regarding the election process due to the absence of specific rules by the society, the default rules provided by the State Government would serve as a reference point to resolve any conflicts or ambiguities.

In summary, Section 73 of the Gujarat Cooperative Societies Act, 1961 ensures that in the event of a cooperative society failing to pass election rules, default rules established by the State Government will govern the election process, providing clarity and structure to the electoral procedures.

References

  • Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

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